MUHAMMAD HAYAT AND 6 Others vs MUHAMMAD NAWAZ — 1951 PLD 443

Citation: 1951 PLD 443

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD HAYAT AND 6 Others vs MUHAMMAD NAWAZ

Headnotes

Case cited as PLD 1951 Lah. 443

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: MUHAMMAD HAYAT AND 6 Others vs MUHAMMAD NAWAZ Case No.:Civil Appeal No. 25 of 1965 Regular Second Appeal No. 72 of 1954 R. S. A. No. JUDGMENT Reported As: 1971 SCMR 414 Result: Appeal partly allowed Judgment JUDGMENT SALAHUDDIN AHMAD, J.-This appeal by special leave is from an order of the erstwhile High Court of West Pakistan Lahore, passed in a Second Appeal reversing the decision of the trial and first appellate Courts and decreeing the suit. Respondent Muhammad Nawaz son of Fazal Din is an Awan of Shahpur. He brought a suit on the 17th of April 1953, for possession of 1891 kanals of land situated in village Jhawarian in Shahpur, on the ground that the land was ancestral and it had been illegally sold by his father and step-mother to appel--lants Nos. 1 to 3, without any legal necessity. The respondent claimed that the parties were governed by the Agricultural custom. It will be useful to give here the pedigree table to understand the relationship between the parties Mullan Shams Din Ahmad Din____________|_________ Alam Din Ghulam Qadir Gaman Fazal Din (married)Mst Altaf Bibi Muhammad Nawaz Mst. Fatima (Plaintiff- respondent) Muhammad Muhammad Muhammad Muhammad Hayat Iqbal Afzal Akram --- ## Page 2 (Appellant (Appellant (Appellant (Appellant No.1)No.2)No.3)No.4) By a registered deed of sale dated the 6th March 1936, Exh. D. 1, Fazal Din and Mst. Alaf…

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